Judicial Aspects Of Foreign Relations
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Judicial Aspects Of Foreign Relations
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Author : Louis Leventhal Jaffe
language : en
Publisher:
Release Date : 1968
Judicial Aspects Of Foreign Relations written by Louis Leventhal Jaffe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with Courts categories.
Tables of cases, statutes, treatises, diplomatic correspondence and secondary authorities: p. [241]-257.
Judicial Aspects Of Foreign Relations
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Author : Louis Leventhal Jaffe
language : en
Publisher:
Release Date : 1968
Judicial Aspects Of Foreign Relations written by Louis Leventhal Jaffe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1968 with categories.
Judicial Aspects Of Foreign Relations
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Author : Lousi Leventhal Jaffe
language : en
Publisher:
Release Date : 1933
Judicial Aspects Of Foreign Relations written by Lousi Leventhal Jaffe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1933 with International relations categories.
Foreign Relations Law
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Author : Campbell McLachlan
language : en
Publisher: Cambridge University Press
Release Date : 2014-09-04
Foreign Relations Law written by Campbell McLachlan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-04 with Law categories.
What legal principles govern the external exercise of the public power of states within common law legal systems? Foreign Relations Law tackles three fundamental issues: the distribution of the foreign relations power between the organs of government; the impact of the foreign relations power on individual rights; and the treatment of the foreign state within the municipal legal system. Focusing on the four Anglo-Commonwealth states (the United Kingdom, Australia, Canada and New Zealand), McLachlan examines the interaction between public international law and national law and demonstrates that the prime function of foreign relations law is not to exclude foreign affairs from legal regulation, but to allocate jurisdiction and determine applicable law in cases involving the external exercise of the public power of states: between the organs of the state; amongst the national legal systems of different states; and between the national and the international legal systems.
Political Questions Judicial Answers
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Author : Thomas M. Franck
language : en
Publisher: Princeton University Press
Release Date : 2012-05-05
Political Questions Judicial Answers written by Thomas M. Franck and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-05 with Law categories.
Almost since the beginning of the republic, America's rigorous separation of powers among Executive, Legislative, and Judicial Branches has been umpired by the federal judiciary. It may seem surprising, then, that many otherwise ordinary cases are not decided in court even when they include allegations that the President, or Congress, has violated a law or the Constitution itself. Most of these orphan cases are shunned by the judiciary simply because they have foreign policy aspects. In refusing to address the issues involved, judges indicate that judicial review, like politics, should stop at the water's edge--and foreign policy managers find it convenient to agree! Thomas Franck, however, maintains that when courts invoke the "political question" doctrine to justify such reticence, they evade a constitutional duty. In his view, whether the government has acted constitutionally in sending men and women to die in foreign battles is just as appropriate an issue for a court to decide as whether property has been taken without due process. In this revisionist work, Franck proposes ways to subject the conduct of foreign policy to the rule of law without compromising either judicial integrity or the national interest. By examining the historical origins of the separation of powers in the American constitutional tradition, with comparative reference to the practices of judiciaries in other federal systems, he broadens and enriches discussions of an important national issue that has particular significance for critical debate about the "imperial presidency."
Foreign Affairs In English Courts
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Author : Frederick Alexander Mann
language : en
Publisher:
Release Date : 1986
Foreign Affairs In English Courts written by Frederick Alexander Mann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.
Considering the aspects of foreign affairs which arise in English court cases, this book treats questions regarding the relationship between international and domestic law, the sovereignty of the Crown, and the relationship between the Crown and the courts.
Restoring The Global Judiciary
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Author : Martin S. Flaherty
language : en
Publisher: Princeton University Press
Release Date : 2022-05-17
Restoring The Global Judiciary written by Martin S. Flaherty and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-17 with Political Science categories.
Why there should be a larger role for the judiciary in American foreign relations In the past several decades, there has been a growing chorus of voices contending that the Supreme Court and federal judiciary should stay out of foreign affairs and leave the field to Congress and the president. Challenging this idea, Restoring the Global Judiciary argues instead for a robust judicial role in the conduct of U.S. foreign policy. With an innovative combination of constitutional history, international relations theory, and legal doctrine, Martin Flaherty demonstrates that the Supreme Court and federal judiciary have the power and duty to apply the law without deference to the other branches. Turning first to the founding of the nation, Flaherty shows that the Constitution’s original commitment to separation of powers was as strong in foreign as domestic matters, not least because the document shifted enormous authority to the new federal government. This initial conception eroded as the nation rose from fledgling state to superpower, fueling the growth of a dangerously formidable executive that today asserts near-plenary foreign affairs authority. Flaherty explores how modern international relations makes the commitment to balance among the branches of government all the more critical and he considers implications for modern controversies that the judiciary will continue to confront. At a time when executive and legislative actions in the name of U.S. foreign policy are only increasing, Restoring the Global Judiciary makes the case for a zealous judicial defense of fundamental rights involving global affairs.
Foreign Relations Law
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Author : Curtis A. Bradley
language : en
Publisher: Aspen Publishers
Release Date : 2011
Foreign Relations Law written by Curtis A. Bradley and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Terrorism categories.
A leading casebook in foreign relations, Foreign Relations Law: Cases andExamples, examines the constitutional and statutory law that regulates theconduct of contemporary U.S. foreign relations. Using a compelling mix of caseand noncase materials, Bradley and Goldsmith focus on U.S. affairs abroad andinternational cases in which the U.S. exercises jurisdiction. Its extensivecoverage of contemporary legal controversies and the grey areas betweeninternational and domestic affairs make this casebook a perennial favorite.The Fourth Edition has been updated to include the resounding effectsthe "war on terror" is having on all aspects of foreign relations policy andthe laws relating to detention, interrogation, surveillance, state secrets,habeas corpus and target killing. The impacts of recent events, such as U.S.military involvement in Libya, are given thorough treatment. New court casesaffecting habeas corpus and non-U.S. citizens, the president's authority todetain alleged terrorists, and immunity for foreign officials in civil suitsare also included. In addition, there is new section on legal regulation ofCIA covert operations and clandestine operations by the U.S. military.Hallmark features of Foreign Relations Law:Extensive coverage of contemporary foreign relations law controversies,including:The scope of the president's war powers and the validity ofexecutive agreements.The legal framework for the post-September 11 "war on terrorism."Judicial reliance on foreign and international materials to interpretthe Constitution.Extraterritorial application of federal law.The relationship between national foreign affairs powers, including thetreaty power, and structural principles of federalism and separation of powers.The status of customary international law in the U.S. legal system,including international human rights litigation in U.S. courts.Cohesive theoretical framework that illuminates:The increasing importance of the intersection between international law andU.S. domestic law, and the blurred line between domestic and foreign affairs.The importance of constitutional structure in regulating foreign affairs.The historical relevance of modern controversies.The ways constitutional law on foreign affairs is often developed outsidethe courts.Detailed Teacher's ManualExtensive Notes and Questions for each topicCompelling mix of cases and noncase materialsThe revised Fourth Edition includes:New section on legal regulation of covert operations by the CIAand clandestine operations by the U. S. military.Revision of the war powers material to include recent developments,including U.S. military operations in Libya, and issues andthe debate surrounding the war on terrorism.Discussion of recent war on terror decisions by the D.C. Circuit andthe D.C. District Court, including Al-Bihani v. Obama, Maqaleh v.Gatesand Al-Aulaqi v. Obama.Excerpt from U.S. Supreme Court's decision in Samantar v. Yousuf,concerning immunity of foreign officials in civil suits brought inU.S. Courts.Excerpt of Second Circuit's decision in Kiobel v. Royal DutchPetroleum Co., concerning the ability of human rights victims tosue corporations under the Alien Tort Statute.Notes and Questions
Encounters Between Foreign Relations Law And International Law
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Author : Helmut Philipp Aust
language : en
Publisher: Cambridge University Press
Release Date : 2021-06-03
Encounters Between Foreign Relations Law And International Law written by Helmut Philipp Aust and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-03 with Law categories.
A fresh look at the bridges and boundaries between foreign relations law and public international law.
Foreign Relations Law
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Author : Curtis A. Bradley
language : en
Publisher: Aspen Publishing
Release Date : 2024
Foreign Relations Law written by Curtis A. Bradley and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with International and municipal law categories.
"Casebook for law school courses on Foreign Relations Law, offering a mix of cases, statutes, and executive branch materials, as well as extensive notes and questions and discussion of relevant historical background"--